Bullying
HSA Code on Bullying I
The Health and Safety Authority Code of Practice on the prevention and resolution of bullying at work provides guidance for employers in identifying and preventing bullying at work, in the context of their duties under Health Safety and Welfare at Work legislation.
The Code provides guidance on how to manage and conduct work activities so as to prevent and limit in so far as reasonably practicable, improper conduct or behaviour, likely to put the safety, health, and welfare work of employees and other at risk.
The Code sets out appropriate provisions for the resolution of complaints. There should be a contact point for persons who feel they are bullied. The contact person does not act as an advocate. He gives guidance in relation to complaint procedures available under the internal policy.
The Code does not have the force of law. It is taken into account in WRC and civil cases in which bullying or harassment at work is alleged. The definition of bullying in the Code has been accepted by the Irish Courts.
HSA Code on Bullying II
The HSA Code of Practice on the prevention and resolution of bullying at work defines bullying as repeated inappropriate behaviour, verbal or physical, direct or indirect, conducted by one and more persons against another or others at the workplace in the course of employment which could reasonably be regarded as undermining the person’s right to dignity at work. An isolated incident may be an affront to dignity but usually, would not constitute bullying.
The HSA Code of Practice sets out the employer’s duties in the context of Health Safety and Welfare legislation. The legislation obliges employers to manage and conduct work activities in a manner which prevents, in so far as reasonably practicable, improper conduct or behaviour which is likely to put the safety health and welfare work of employees at risk.
The Code of Practice recommends that there should be provision for the resolution of complaints in relation to bullying. There should be an internal policy on bullying. The policy should allow for informal and formal procedures. The preference is that complaints should be dealt with informally, with a view to minimising stress for the person concerned.
Procedure
The complainant may use an informal procedure. In the absence of successful conclusion, he should be able to proceed to a formal procedure. A formal procedure requires that the complaint is made in writing and signed by the complainant. The person complained against should be notified in writing. A formal investigation should take place pursuant to the policy. An appeals procedure should be available.
The employer should determine if the facts constitute bullying. The definition of bullying is repeated inappropriate behaviour, direct or indirect, verbal, physical, or otherwise conducted by one or more persons against others at the workplace in the course of employment, which could reasonably be regarded as undermining the individual’s dignity.
Where the complaint is made against a senior member of the organisation, it may be necessary to have recourse to external services, such as the mediation services of the WRC. More generally, where the internal procedures do not resolve a complaint, the WRC’s services should be used. The Commission’s officers may review the procedure or substance of the matter. It may carry out a new investigation.